RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01570 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: The discharge he received was inappropriate in comparison to his total service. He was told at that time to accept the discharge or go jail until a court-martial trial could be arranged. His right to counsel was abused/denied. His discharge was too harsh and is inconsistent with the alleged misconduct resulting in an UOTHC discharge. He was also told he had to wait five years before he could request an upgrade to his discharge. In support of his request, the applicant provides copies of documents extracted from his military and civilian personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 1 Aug 68, the applicant contracted his initial enlistment in the Regular Air Force. The applicant was charged with missing a permanent change of station (PCS) move. On 6 Oct 83, his case was referred to trial by special court-martial. On 13 Oct 83, the applicant requested discharge in lieu of court-martial wherein he acknowledged that he understood the elements of the offense for which he was charged and that he may be discharged with a UOTHC character of service. The legal office reviewed the case and found it legally sufficient to support separation and recommended the applicant be furnished a UOTHC discharge, without probation and rehabilitation. On 17 Nov 83, the discharge authority concurred with the findings and recommendation and directed the applicant’s discharge. On 29 Nov 88, the applicant was furnished a UOTHC discharge and was credited with 15 years, 3 months, and 29 days of total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation indicated that, on the basis of the data furnished, they were unable to locate an arrest record. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge process. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01570 in Executive Session on 10 Jan 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Apr 11, w/atchs. Exhibit B. Applicant's Master Military Personnel Records.